In Florida, real estate ownership comes with a responsibility to ensure that your property’s legal title is free of any disputes or claims. If you have any doubts as to who is the true owner of your property, or if someone else has claimed a claim on it, then you may need to file a Quiet Title Action.
What is a quiet-title action, and how does Florida use it? We at Bonardi & Uzdavinis LLP help property owners to resolve title issues by using this legal process. This allows them to confidently refinance or develop their real-estate without the burdens of ownership disputes.
This guide will tell you everything about quiet title actions, what they are, why they are necessary, how they operate, and what to anticipate from the process.
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Understanding Quiet Title Actions In Florida
A quiet action, also known as a quiet title action, is a lawsuit filed in Florida Circuit Courts to establish legal ownership of real estate and remove any adverse claims or disputes on the title. The plaintiff is usually the property owner who seeks to have a court declare that their title is valid and superior than anyone else’s claims. The “Quieting Titles” chapter of Florida Statutes governs this legal remedy. The goal of this legal remedy is to “quiet” any challenges or claims so that the owner can have full and undisputed rights over the property.Why file a quiet title action?
There are many reasons why property owners might file a quiet-title action. Common scenarios include:- The chain of title still lists a previous owner or an heir.
- The lien or mortgage has been paid but the release of the lien or mortgage is not complete.
- The title is clouded by a boundary dispute or easement.
- There is a forged document or an error in the recording.
- Unresolved claims from tax deeds or foreclosure sales.
- If you inherited a property that has title defects or disputes between co-owners, this is a problem.
What is a cloud on title?
“cloud” on title is any irregularity, unresolved claims, or defect which makes ownership of a property questionable. Examples include:- Liens for unpaid debt
- Mortgage that has not been discharged
- The person named on the deed is dead or cannot be traced
- Public records containing clerical errors
- Ex-spouses or business partners can make legal claims against you.
Quiet Title Processes in Florida
There are several steps involved in filing a quiet-title action in Florida. Although each case is different, the general process includes:1. Title Searching and Due Diligence
Your attorney will perform a thorough search of the title to identify any potential defects or adverse claimants. This ensures that everyone who has a legal stake in the case is included.2. How to File a Complaint
Your attorney will file an official complaint with the Florida Circuit Court citing chapter 65 of the Florida Statutes. The complaint will outline the ownership history and identify any adverse claims. It will also ask the court to declare that you are the rightful owner.3. Serving Notification
The lawsuit must be served on all parties who may have an interest in the property, including unknown heirs and past lienholders. The court can require publication of the lawsuit in a local paper if someone’s location is unknown.4. Court Proceedings
The court can schedule an hearing or trial if any of the parties named responds and contests the claim. In the event that no one objects or replies, a default judgement can be entered to your benefit.5. Final Judgment
The court will issue a final judgement quieting title once the judge has determined that the title is valid. This document will be recorded in public records as proof of exclusive ownership.Feel Free To Schedule A Consultation
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What is Quiet Title Action?
A quiet title action can be successful in removing competing interests from the title and legal uncertainty. It can be used to:- Eliminate claims by heirs or ex-spouses.
- Clearing improperly recorded mortgages or liens
- Validate your title after a tax deed or foreclosure purchase
- Clean ownership is required for a sale or refinance
What a Quiet title action Doesn’t Do
A quiet title action is powerful but may not be able to resolve all claims. You can, for example:- Federal Tax Liens usually survive a quiet title lawsuit.
- Code enforcement or HOA lien issues still may require a separate resolution.
- Further legal action may be required if a title problem is the result of a fraudulent conveyance or illegitimate foreclosure.
Florida Statutes that govern Quiet Title Actions
The rules and procedures for quiet title actions in Florida are governed by several sections of chapter 65, Florida Statutes. These include:- CSS 65.021- Remove clouds from title
- SS 6.531 Eligible Plaintiffs in Title Actions
- Section 65.041 – Rights of named or unnamed defendants
- SS 650.06- grounds and jurisdiction for quiet title
- SS 650.81 Special provisions for quiet title actions
What are the costs involved?
Costs associated with filing a quiet-title action in Florida are:| Spending | Estimated Cost |
| Cost of Court Filing | Prices range from $300 to $450 depending on the county |
| Title Search | ~$125 |
| Publication of Legal Notices | ~$150 |
| Guardian Ad Litem | $300 – $600 |
| Attorney’s fees | Variations in case complexity |
How long does a quiet title action take?
The length of time required to complete a quiet-title action in Florida is dependent on the complexity and difficulty of the case, as well as the ability to serve and locate all respondents.- Uncontested cases may resolve in 3-6 months.
- Cases with disputes can take six to twelve months or longer .
Do I need an attorney to file a quiet title action?
Although it is technically possible to represent oneself, a quiet-title action is a complicated legal proceeding which requires:- Knowledge of Florida Real Estate Law
- Precise complaint drafting
- Notices and proper service of notices
- Filing documents according to court rules
Quiet title actions and tax deeds
A quiet title action may be necessary if you bought property via a sale of tax deed to remove any claims from the previous owner and make it insurable. Florida law permits these actions under SS 65.081. This provides a quicker route for tax deed purchasers to clear their title, especially if they intend to develop or to sell the property.Bonardi & Uzdavinis LLP can help you clear your property title
Our real estate lawyers at Bonardi & Uzdavinis LLP are experts in quiet title cases throughout Florida. We represent investors, business owners, homeowners, and heirs who are seeking to establish undisputed ownership of real estate. We provide comprehensive legal representation for title issues, whether they are caused by a judgment, lien or inheritance.Final Thoughts
Quiet title actions in Florida are a powerful tool to help property owners clarify ownership, and remove any doubts or claims from their title. This process is a powerful tool to protect your investment and secure your rights, whether you have inherited property or purchased a house through a tax-sale. If you’re wondering what is quiet title action and whether it’s right for your situation, don’t wait. Contact Bonardi & Uzdavinis, LLP today to schedule a consultation and get the guidance you need to protect your property.Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
